Monday, October 22, 2012

The court granted defendants' motion to stay pending a second reexamination and rejected plaintiff's claim of undue prejudice because the parties were competitors. "Plaintiff waited over one and a half years since the Patent emerged from reexamination. . . before commencing this infringement action. Plaintiff also chose not to include Defendants in [another suit involving the same patent], which was filed over a year before this suit. Second, Plaintiff decided not to seek a preliminary injunction against Defendants in this action, which tends to suggest that Plaintiff would not be unduly prejudiced by staying this litigation. Third, Plaintiff admits that it offered Defendants a license to the Patent before filing this suit."

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Rubin Anders

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reads every patent infringement litigation docket sheet in the US district courts every day. The posts you see here are a small sampling of the Docket Report...see every noteworthy event in current patent litigation, complete with free links to the underlying orders, by subscribing to the Docket Report daily newsletter.